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(a) No person, for the purpose of enabling a juvenile to obtain any material or gain admission to any performance which is harmful to juveniles, shall do either of the following:
(1) Falsely represent that he or she is the parent, guardian or spouse of the juvenile; or
(2) Furnish the juvenile with any identification or document purporting to show that the juvenile is 18 years of age or over or married.
(b) No juvenile, for the purpose of obtaining any material or gaining admission to any performance which is harmful to juveniles, shall do either of the following:
(1) Falsely represent that he or she is 18 years of age or over or married; or
(2) Exhibit any identification or document purporting to show that he or she is 18 years of age or over or married.
(c) Whoever violates this section is guilty of deception to obtain matter harmful to juveniles, a misdemeanor of the second degree. A juvenile who violates division (b) of this section shall be adjudged an unruly child, with the disposition of the case as may be appropriate under R.C. Chapter 2151.
(R.C. § 2907.33)
(a) An owner or manager, or agent or employee of an owner or manager, of a bookstore, newsstand, theater or other commercial establishment engaged in selling material or exhibiting performances, who, in the course of business does any of the acts prohibited by § 666.11 is presumed to have knowledge of the character of the material or performance involved if the owner, manager, or agent or employee of the owner or manager has actual notice of the nature of the material or performance, whether or not the owner, manager, or agent or employee of the owner or manager has precise knowledge of its contents.
(b) Without limitation on the manner in which the notice may be given, actual notice of the character of material or a performance may be given in writing by the chief legal officer of the municipality. This notice, regardless of the manner in which it is given, shall identify the sender, identify the material or performance involved, state whether it is obscene or harmful to juveniles, and bear the date of the notice.
(c) Section 666.11 does not apply to a motion picture operator or projectionist acting within the scope of employment as an employee of the owner or manager of the theater or other place for the showing of motion pictures to the general public, and having no managerial responsibility or financial interest in the operator’s or projectionist’s place of employment, other than wages.
(d) (1) The provisions of §§ 666.11, 666.115 and 666.14(a) do not apply to a person solely because the person provided access or connection to or from an electronic method of remotely transferring information not under that person’s control, including having provided capabilities that are incidental to providing access or connection to or from the electronic method of remotely transferring the information, and that do not include the creation of the content of the material that is the subject of the access or connection.
(3) Division (d)(1) of this section does not apply to a person who provides access or connection to an electronic method of remotely transferring information that is engaged in the violation of § 666.11, 666.115 or 666.14 and that contain content that person has selected and introduced into the electronic method of remotely transferring information or content over which that person exercises editorial control.
(1) With knowledge of the employee’s or agent’s conduct, the employer authorizes or ratifies the conduct; or
(2) The employer recklessly disregards the employee’s or agent’s conduct.
(f) It is an affirmative defense to a charge under § 666.11 or 666.115 as the section applies to an image transmitted through the internet or other electronic method of remotely transmitting information that the person charged with violating the section has taken, in good faith, reasonable, effective and appropriate actions under the circumstances to restrict or prevent access by juveniles to material that is harmful to juveniles, including any method that is feasible under available technology.
(R.C. § 2907.35)
(a) Without limitation on the persons otherwise entitled to bring an action for a declaratory judgment pursuant to R.C. Chapter 2721, involving the same issue, the following persons have standing to bring a declaratory judgment action to determine whether particular materials or performances are obscene or harmful to juveniles:
(1) The chief legal officer of the municipality if and when there is reasonable cause to believe that R.C. § 2907.31 or 2907.32, or a substantially equivalent municipal ordinance, is being or is about to be violated; and
(2) Any person who, pursuant to R.C. § 2907.35(B) or a substantially equivalent municipal ordinance, has received notice in writing from the chief legal officer stating that particular materials or performances are obscene or harmful to juveniles.
(b) Any party to an action for a declaratory judgment pursuant to division (a) of this section is entitled, upon the party’s request, to trial on the merits within five days after joinder of the issues, and the court shall render judgment within five days after trial is concluded.
(c) An action for a declaratory judgment pursuant to division (a) of this section shall not be brought during the pendency of any civil action or criminal prosecution when the character of the particular materials or performances involved is at issue in the pending case, and either of the following applies:
(1) Either of the parties to the action for a declaratory judgment is a party to the pending case; or
(2) A judgment in the pending case will necessarily constitute res judicata as to the character of the materials or performances involved.
(d) A civil action or criminal prosecution in which the character of particular materials or performances is at issue, brought during the pendency of an action for a declaratory judgment involving the same issue, shall be stayed during the pendency of the action for a declaratory judgment.
(e) The fact that a violation of R.C. § 2907.31 or 2907.32, or a substantially equivalent municipal ordinance, occurs prior to a judicial determination of the character of the material or performance involved in the violation does not relieve the offender of criminal liability for the violation, even though prosecution may be stayed pending the judicial determination.
(R.C. § 2907.36)
(a) Where it appears that R.C. § 2907.31 or 2907.32, or a substantially equivalent municipal ordinance, is being or is about to be violated, the chief legal officer of the municipality may bring an action to enjoin the violation. The defendant, upon his or her request, is entitled to trial on the merits within five days after the joinder of the issues, and the court shall render judgment within five days after the trial is concluded.
(b) Premises used or occupied for repeated violations of R.C. § 2907.31 or 2907.32, or a substantially equivalent municipal ordinance, constitute a nuisance subject to abatement pursuant to R.C. Chapter 3767.
(R.C. § 2907.37)
(a) No person shall, while participating in any live act, demonstration or exhibition in any public place, place open to the public or place open to public view:
(1) His or her genitals, pubic hair, buttocks, perineum, anal region or pubic hair region;
(2) Any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region;
(3) Any portion of the female breast at or below the areola;
(4) Actual or simulated touching, caressing or fondling on the breasts, buttocks, anus or genitals; or
(5) Films or pictures depicting acts, a live performance of which would be prohibited by this section.
(b) The provisions of this section shall not apply to a theater which is primarily devoted to theatrical performances.
(c) Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 1993-42, passed 5-17-1993)
(a) No person shall cause, permit, procure, counsel or assist any person to expose or simulate exposure as prohibited in § 666.18.
(b) Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 1993-43, passed 5-17-1993)
(a) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) COMMERCIAL ESTABLISHMENT. An entity that is open to the public and to which either of the following applies:
A. It has a substantial or significant portion of its stock-in-trade of the sale, rental or viewing of visual materials or performances depicting sexual conduct; or
B. It has as a principal business purpose the sale, rental or viewing of visual materials or performances depicting sexual conduct.
(2) VISUAL MATERIALS OR PERFORMANCES. Films, videos, CD-ROM discs, streaming video or other motion pictures.
(b) No person who has custody, control or supervision of a commercial establishment, with knowledge of the character of the visual material or performance involved, shall knowingly permit the use of, or offer the use of, viewing booths, stalls or partitioned portions of a room located in the commercial establishment for the purpose of viewing visual materials or performances depicting sexual conduct unless both of the following apply:
(1) The inside of each booth, stall or partitioned room is visible from, and at least one side of each booth, stall or partitioned room is open to, a continuous and contiguous main aisle or hallway that is open to the public areas of the commercial establishment and is not obscured by any curtain, door or other covering or enclosure; and
(2) No booth, stall or partitioned room is designed, constructed, pandered or allowed to be used for the purpose of encouraging or facilitating nudity or sexual activity on the part of or between patrons or members of the public, and no booth, stall or partitioned room has any aperture, hole or opening for the purpose of encouraging or facilitating nudity or sexual activity.
(c) It is an affirmative defense to a charge under this section that either of the following applies to the involved visual materials or performances:
(1) The visual materials or performances depicting sexual conduct are disseminated or presented for a bona fide medical, scientific, educational, religious, governmental, judicial or other proper purpose and by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, member of the clergy, prosecutor, judge or other person having a proper interest in the visual materials or performances; or
(2) The visual materials or performances depicting sexual conduct, taken as a whole, would be found by a reasonable person to have serious literary, artistic, political or scientific value or are presented or disseminated in good faith for a serious literary, artistic, political or scientific purpose and are not pandered for their prurient appeal.
(d) Whoever violates this section is guilty of permitting unlawful operation of viewing booths depicting sexual conduct, a misdemeanor of the first degree.
(R.C. § 2907.38)
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